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Federal employee proves discrimination based on disability. Complainant, who was employed by the Veterans Administration (VA), filed an EEO claiming he was discriminated against in hiring.Complainant alleged that the VA discriminated against him because of a perceived disability. Specifically, he alleged the Agency treated him as if he had a disability (referred to as “regarded as” disabled) when it revoked a job offer because of his color blindness. The EEOC found that the Agency failed to the Agency did not perform an individualized assessment of whether Complainant could perform the essential functions of the position without posing a direct threat to himself or others.

Joshua F. v. Dep’t of Veterans Affairs, EEOC Appeal No. 0120181309 (Aug. 30, 2019) https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181309.pdf

Kirk J. Angel provides a free 15 minute consultation to federal employees. If you are a federal employee needing an attorney who handles federal employee claims including EEO matters or hearings before the EEOC or MSPB you can set your consultation today at: https://fedemployeeattorney.com/ or https://theangellawfirm.com/federal-employees